Discovery of Facts. (a) There shall be no discovery of facts taken, sought, or otherwise instituted by any means except as approved by the arbitrator(s).
Discovery of Facts. (a) The arbitration procedures for the resolution of a dispute shall include adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of documents and things, and inspection of land and tangible items. The nature and extent of such discovery shall be determined as provided herein and shall take into account (i) the complexity of the dispute, (ii) the extent to which facts are disputed, and (iii) the amount of money in controversy.
Discovery of Facts. If, prior to the Commencement Date, Landlord acquires actual knowledge of any fact which would be required to be disclosed by Landlord to render its representations and warranties true, correct and complete, in all material respects, Landlord promptly shall disclose such fact to Tenant.
Discovery of Facts. 6 4.7.1 Discovery Procedures............................ 6 4.7.2 Procedures Arbitrator........................... 6 4.8
Discovery of Facts. Employee acknowledges that Employee might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and Employee expressly agrees to assume the risk of possible discovery of additional or different facts, and agrees that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.
Discovery of Facts. If, prior to the Closing, Xxxxxxx X. Xxxxxxxxx, III, Xxxx Xxxxxxx, Xxxxx Xxxxx, Xxxx Xxxxxxxx, Xxxxxx Xxxxxx or Xxxxxx Xxxxxx acquires actual knowledge of any information, fact or circumstance which would be required to be disclosed by Seller to avoid breach of its warranties or representations contained in this Agreement, then such person shall disclose such fact or circumstance to Seller.
Discovery of Facts. If in the course of its investigation, Buyer acquires actual knowledge of any fact, law or circumstance which would be required to be disclosed by Seller to avoid a breach of the representations and warranties contained in this Agreement, then Buyer shall disclose such fact, law or circumstance to Seller.
Discovery of Facts. If in the course of the transactions contemplated by this Agreement, either party or their agents acquire prior to Closing knowledge of any fact, law or circumstance which would be required to be disclosed by such party to avoid breach of its warranties or representations contained in this Agreement, then such party shall disclose such fact, law or circumstance prior to Closing to the other party or be precluded from asserting a claim for indemnity based on such fact, law or circumstance after the Closing.
Discovery of Facts. (a) The arbitration procedures for the resolution of a Dispute shall include adequate provision for the discovery of relevant facts, including the taking of testimony under oath, production of documents and things, and inspection of land and tangible items. The nature and extent of such discovery shall be determined as provided herein and shall take into account (i) the complexity of the Dispute, (ii) the extent to which facts are disputed, and (iii) the amount in controversy. The forms and methods for taking such discovery shall be as described in the Federal Rules of Civil Procedure, except as modified by the arbitrator(s) or agreement of the parties. (b) The sole arbitrator, or the arbitrator selected by the arbitrators chosen by the parties, as the case may be (such arbitrator being hereafter referred to as the "Procedures Arbitrator"), shall be responsible for establishing the timing, amount, and means of discovery, and for resolving discovery and other pre-hearing disputes. If a Dispute involves contested issues of fact, promptly after the selection of the arbitrator(s) the Procedures Arbitrator shall convene a meeting of the parties for the purpose of establishing a schedule and plan of discovery and other pre-hearing actions. 11.2.7
Discovery of Facts
